Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Drugs and Cosmetics Act, 1940, Section 18C, 27(b)(ii), 28 -- Recovery of stocked allopathic medicines - Without any valid licence - Reduction of sentence - Accused undergone about 1 month and 20 days of actual sentence - He has been imposed minimum sentence provided u/s 27(b)(ii) of the Act - Sentence qua imprisonment cannot be reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Deceased left behind innocent dependent her daughter - Sentence requires modification - Sentence of accused reduced from life imprisonment u/s 304-B IPC to 10 years R.I with fine of Rs.10,000 and in default of payment of fine to further undergo imprisonment of 6 months - However,..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Both the accused facing lis from the last 16 years and now they are aged about 44 years and 38 years respectively - They have no known criminal antecedent - It would be thus, in the interest of justice to reduce the sentence of accused to the period already undergone -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Sentence - Though offence u/s 396 IPC is to be viewed with seriousness for conviction, however, larger discretion is vested with Court insofar as there is possibility of imposing a penalty lesser than death or imprisonment for life for conviction u/s 396 IPC...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Modification of sentence - Accused were unarmed and accused `B' alleged to sit on deceased and pressed his nose and mouth and tightened his neck with rope - Occurrence was of year 2002 - Considering long lapse of time and facts and circumstances of case, sentence of imprisonment of life is modified as 10 years...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose or self employment - Purchase of machine to run photography business for self employment - Pleading that machine is run by `operators and helpers' - One such stray sentence will not tilt the balance against the appellants - Material needs to be seen in entirety and not in isolation - There is..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Accused caused no injury on injured - All injuries caused by co-accused - Role of accused confined to that of guarding on spot - Testimony of injured and eye witness regarding participation of accused in crime is consistent, clinching and inspires confidence - Keeping the sentence at par with main accused who..........
